BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140008819
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests validation and payment of his Officer Accession Bonus (OAB).
2. The applicant states that the Delaware Army National Guard (DEARNG) promised him a $10,000 OAB for accessing into the officer corps and he signed the contract on 3 October 2009. He goes on to state that he told the officer strength manager (OSM) that he wanted to become a medical services (MS) officer because of his undergraduate degree and he was told that he needed to be assigned a branch prior to being branched to the MS Corps (MSC) because the process took 6 months to be branched to the MSC. He further states that he believes the OSM provided poor guidance which has resulted in a negative impact on his bonus. He also states that he signed his contract in good faith and continues to fulfill his obligation to the DEARNG and believes his contract should be validated.
3. The applicant provides copies of his request for an exception to policy, his OAB addendum, Record of Award of Entry Grade Credit, a memorandum awarding him Branch, Functional Area, Area of Concentration, and college transcript.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was honorably discharged from the DEARNG upon completion of Officer Candidate School (OCS) on 2 October 2009 to accept a commission.
3. On 3 October 2009, he was appointed as a United States Army Reserve (USAR) second lieutenant and a second lieutenant in the DEARNG within the Transportation Corps branch.
4. On 3 October 2009 he also signed an OAB in the amount of $10,000 to be served as a Transportation Corps officer. The addendum did not specify an area of concentration or military occupational specialty (MOS).
5. On 31 May 2011, the applicant completed the Army Medical Department Basic Officer Leader Course at Fort Sam Houston, Texas and on 19 January 2012, he was awarded the AOC of 70B Health Care Administrative Assistant in the MSC Branch. He was promoted to the rank of first lieutenant on 22 May 2012.
6. On 24 January 2012, the National Guard Bureau (NGB) denied the applicants request for his OAB and indicated that his addendum did not contain an AOC and the only AOC he became qualified for was 70B and that AOC was not on the approved list of critical AOCs authorized an OAB at the time of his commissioning.
7. Title 37, U.S. Code, section 308j(b), states the Secretary concerned may pay an accession bonus under this section to an eligible person who enters into an agreement with the Secretary to: (a) accept an appointment as an officer in the Armed Forces and (b) to serve in the Selected Reserve of the Ready Reserve in a skill designated under paragraph (2) for a period specified in the agreement. Paragraph (2)(a) states the Secretary concerned shall designate for an Armed Force under the Secretary's jurisdiction the officer skills to which the authority under this subsection is to be applied. Paragraph (2)(b) states a skill may be designated for an Armed Force under paragraph (2)(a) if, to mitigate a current or projected significant shortage of personnel in that Armed Force who are qualified in that skill, it is critical to increase the number of persons accessed into that Armed Force who are qualified in that skill or are to be trained in that skill. Paragraph (2)(b) states an accession bonus payable to a person pursuant to an agreement under this section accrues on the date on which that agreement is accepted by the Secretary concerned.
DISCUSSION AND CONCLUSIONS:
1. There is no doubt that the applicant entered into an agreement for payment of an OAB; however, the agreement was not a valid agreement because there was no AOC (critical skill) annotated on his addendum and the only AOC he became qualified in was 70B and that AOC (MOS) was not authorized payment of an OAB.
2. Notwithstanding that he signed his agreement, the very fact that his AOC/MOS is not on the list of critical specialties authorized an OAB makes the contract invalid.
3. While the actions of the Department in this matter are not condoned by the Board, the applicant was not entitled to receive an OAB at the time of his commissioning as he was not awarded an AOC that was on the approved list of critical AOCs authorized an OAB at the time of his commissioning.
4. Accordingly, there appears to be no basis for granting the applicants request for payment of his OAB based on a flawed contract.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ ___x_____ __x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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